# SMT. KALAWATI v. BISHESHWAR

- **Citation:** [1968] 1 S.C.R. 223
- **Court:** Supreme Court of India
- **Decided:** 1967-08-17
- **Bench:** J. C. Shah, S. M. Sikri, J. M. Shelat
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/smt-kalawati-v-bisheshwar-4106
- **Pages:** 8

## Headnote

U.P. Zamindari Abolition and Land Reforms Act, 1951 (U.P. l of
1951) s. 23(l)(b)-Transfero made ajter July 7, 1949, if rights could be
enforced-U.P, Land Reforms (Amendment) Act 1954 (U, P. 20 of
1954). s. &-Effect-U .P. Land Reforms . (Amendment)
Act, 1956
(U. P. 18 of 1956), s. 3-Effect.
C
The U.P. Zamindari Abolition and Land Reforms Act, 1951
was enforced from July 1, 1952. Section 23(l)(b) of the Act provided that no transfer of any estate after July 7, 1949 shall be
recognised for any purpose and the estate shall be deemed to cOlltinue
to vest in the transferor. By U.P. Land Reforms (Amending) Act,
1954, s.
~3(1) (b) was deleted prospectively from October 10.
1954 and by U. P. Land Reforms (Amendment) Act, 1956, s. 23(l)(b)
was
deleted
retrospectively
from the date
of
commenceD ment of the principal Act with regard to the right of the transferee to compensation and rehabilitation grant.· K, the owner of
a grove sold it to the appellant in June 1952. Thereafter, on the
respondent's failure
to deliver possession. K and the appellant filed a suit for respondent's eviction. In 1959, K withdrew
from
the suit. The respondent
contended
that the effect of
s.23(1)(b) was that the transfers made after July 7. 1949 were void
from its inception and neither the prospective deletion nor the
E retrospective deletion conferred the status of bhumidar on the
appellant, and that in any event, K's withdra·Nal from the suit
must date back to the institution of the suit and therefore the suit
must be dismissed.
HELD: The appeal must be allowed.
The sale in favour of the appellant was valid and not void. It
was she who became the intermediary and it was her rights as
F such intermediary whlich s. 4 of the U. P. Zamindari Abolition &
Land Reforms Act abolished. By virtue of the combined effect of
ss. 4 and 18 ,Di the Act she became the bhumidar. But for cl. (b)
of s. 23(1) her rights as such bhumidar would have been recognised
and she would have been entitled to the rights as such bhunlidar
under the Act. But by reason .of the bar against recognition of the
sale no court could recognise and give effect to those rights. As
G the property was deemed to continue to vest in the transferor
it was he who could exercise these rights. As a result of the deletion of cl. (b) from October 10, 1954 the bar against recognition
was removed and the transferee could enforce his right as from
that date. This deletion of cl. (b) in 1954 was prospeotive. Therefore, for the period between July I. 1952 and October JO,
1954
the rights of the transferee under the Act such as the right to
compensation and rehabilitation grant, w.ould still not be recognis.
H ed. To remove this difficulty by another Amendment Act, 1956
cl. (b) was deleted retrospectively wfth regard to transferee's right
to compensation and rehabilitati<Ul grant. [228 E-H; 230 A-DJ.
When the suit was filed though the appellant was
the intermediary and the bhumidar under s. 18, her right to eV'ict the respondent could not be recognised. As the estate was deemed to
224
SUPREME coua·r REPOR1'~
[1968) l 1.o.a.
continue to vest in the transferor, K had to join in the suit as co- A
plaintiff. From October 10, 1954 the bar was removed and the appellant became entitled to maintain the suit in her own right and the
withdrawal of K as plaintiff did not effect the maintainability of
the suit.
The respondent's contention that the withdrawal must
be deemed to date back to the institution of the suit had no force.
No such order was made by the Trial Court which ordered the
withdrawal. The withdrawal therefore took place after the bar
under cl. (b) against recognition of tte appellant's rights was deletB
ed and. the appellant therefore had the right to maintain the suit
[230 D-F].
CIVIL APPELLATE JURSISDICTION: Civil Appeal No. 963 of
1964.
Appeal from the judgement and decree dated April 2, 1963
of the Allahabad High Court, Lucknow Bench in Special Appeal c
No. 30 of 1962.
B. P. Jlw and C. P. Lal, for the appellant

## Text

A
SMT. KALAWATI
v.
BISHESHWAR
August 17, 1967
223
B
[J. C. SHAH, S. M. SIKRI AND J. M. SHELAT, JJ.]
U.P. Zamindari Abolition and Land Reforms Act, 1951 (U.P. l of
1951) s. 23(l)(b)-Transfero made ajter July 7, 1949, if rights could be
enforced-U.P, Land Reforms (Amendment) Act 1954 (U, P. 20 of
1954). s. &-Effect-U .P. Land Reforms . (Amendment)
Act, 1956
(U. P. 18 of 1956), s. 3-Effect.
C
The U.P. Zamindari Abolition and Land Reforms Act, 1951
was enforced from July 1, 1952. Section 23(l)(b) of the Act provided that no transfer of any estate after July 7, 1949 shall be
recognised for any purpose and the estate shall be deemed to cOlltinue
to vest in the transferor. By U.P. Land Reforms (Amending) Act,
1954, s.
~3(1) (b) was deleted prospectively from October 10.
1954 and by U. P. Land Reforms (Amendment) Act, 1956, s. 23(l)(b)
was
deleted
retrospectively
from the date
of
commenceD ment of the principal Act with regard to the right of the transferee to compensation and rehabilitation grant.· K, the owner of
a grove sold it to the appellant in June 1952. Thereafter, on the
respondent's failure
to deliver possession. K and the appellant filed a suit for respondent's eviction. In 1959, K withdrew
from
the suit. The respondent
contended
that the effect of
s.23(1)(b) was that the transfers made after July 7. 1949 were void
from its inception and neither the prospective deletion nor the
E retrospective deletion conferred the status of bhumidar on the
appellant, and that in any event, K's withdra·Nal from the suit
must date back to the institution of the suit and therefore the suit
must be dismissed.
HELD: The appeal must be allowed.
The sale in favour of the appellant was valid and not void. It
was she who became the intermediary and it was her rights as
F such intermediary whlich s. 4 of the U. P. Zamindari Abolition &
Land Reforms Act abolished. By virtue of the combined effect of
ss. 4 and 18 ,Di the Act she became the bhumidar. But for cl. (b)
of s. 23(1) her rights as such bhumidar would have been recognised
and she would have been entitled to the rights as such bhunlidar
under the Act. But by reason .of the bar against recognition of the
sale no court could recognise and give effect to those rights. As
G the property was deemed to continue to vest in the transferor
it was he who could exercise these rights. As a result of the deletion of cl. (b) from October 10, 1954 the bar against recognition
was removed and the transferee could enforce his right as from
that date. This deletion of cl. (b) in 1954 was prospeotive. Therefore, for the period between July I. 1952 and October JO,
1954
the rights of the transferee under the Act such as the right to
compensation and rehabilitation grant, w.ould still not be recognis.
H ed. To remove this difficulty by another Amendment Act, 1956
cl. (b) was deleted retrospectively wfth regard to transferee's right
to compensation and rehabilitati<Ul grant. [228 E-H; 230 A-DJ.
When the suit was filed though the appellant was
the intermediary and the bhumidar under s. 18, her right to eV'ict the respondent could not be recognised. As the estate was deemed to
224
SUPREME coua·r REPOR1'~
[1968) l 1.o.a.
continue to vest in the transferor, K had to join in the suit as co- A
plaintiff. From October 10, 1954 the bar was removed and the appellant became entitled to maintain the suit in her own right and the
withdrawal of K as plaintiff did not effect the maintainability of
the suit.
The respondent's contention that the withdrawal must
be deemed to date back to the institution of the suit had no force.
No such order was made by the Trial Court which ordered the
withdrawal. The withdrawal therefore took place after the bar
under cl. (b) against recognition of tte appellant's rights was deletB
ed and. the appellant therefore had the right to maintain the suit
[230 D-F].
CIVIL APPELLATE JURSISDICTION: Civil Appeal No. 963 of
1964.
Appeal from the judgement and decree dated April 2, 1963
of the Allahabad High Court, Lucknow Bench in Special Appeal c
No. 30 of 1962.
B. P. Jlw and C. P. Lal, for the appellant.
S. S. Shukla, for the respondent.
The Judgment of the Court was delivered by
Shelat, J.-This appeal by certificate raises the question of D
construction of cl. (b) of s. 23(1) of the U.P. Zamindari Abolition
and Land Reforms Act, I of 1951 (hereinafter referred to as the
Act) and the effect of its deletion by section 6 of the U.P. Land
Reforms (Amendment) Act, XX of 1954 and later by section 3
of the U.P. Land Reforms (Amendment) Act XVIII of 1956.
Some of the relevant facts may first be set out:
Prior to June 14, 1952 Kapurthala Estate was the owner of
the mango grove in suit. On June 14, 1952 the Estate sold the
said grove to the appellant. A notice to quit was thereafter served
E
on the respondent-tenant but as he failed to deliver possession the
Kapurthala Estate and the appellant filed on May 12, 1954 the
suit out of which this appeal arises. On October I, 1959 the F
Kapurthala Estate withdrew from the suit leaving the appellant
the sole plaintiff. The respondent-tenant raised several defences in
his written statement. The Trial Court raised several issues amongst
which Issue No. 7 was: "Whether any rights have accrued in law
in favour of plaintiff No. 2 under the sale deed dated 14th June
1952." The Trial Court tried that as a preliminary issue and held G
that the sale deed in favour of the appellant was void, that she
did not acquire the_reunder any interest in the said property, and
in that view dismissed the suit. In appeal the learned Civil Judge.
Mohanlalganj, held that the sale deed was not void and that after
the deletion of cl. (bl of section 23(1) by Amendment Act, XX
of 1954 the appellant was entitled to maintain the suit despite H
withdrawal by the Kapurthala Estate. Consequently, he remanded
the case to the Trial Court for deciding the rest of the issues.
Against thal order the respondent filed an appeal in the High Courl
contending once again that the said sale was void and conferred
-
U.LAWATI v. ntsllESllWAR (.Sliclat, J.)
225
A no right, title or interest in the appdlant, and being void from its
inception, remained void for all time and could not be taken into
consideration in spite of the deletion of the said clause (b).
The
learned Single Judge, who heard that appeal dismissed it holding
that the said sale was a valid transfer, that cl. (b) of section 23 (I)
only provided a ban against recognition for any of the purposes
B under the Act and that after its deletion first by Act XX of 1954
and then by Act XVlll of 1956 the appellant could maintain the
suit though the Kapurthala Estate had withdrawn therefrom. The
Division Bench of the High Court which heard the Special Appeal
against the judgment of the learned Single Judge differed from
the view of section 23(1) (b) taken by him, allowed the appeal and
c
dismissed the suit.
Counsel for the respondent contended (i) that the effect of section 23(l)(b) was that transfers made after July 7, 1949 were void
for any purpose whatsoever; and (ii) that in any event Withdrawal by
the Kapurthala Estate from the suit must date back from the inception of the suit and therefore the Division Bench was correct in dismissing the suit. To appreciate these contentions it is necessary to
D read first some of the provisions of the Zamindari Abolition Act.
The object of the Act as declared by its Jong title is to provide
for abolition of the Zamindari system involving intermediaries between the tiller of the soil and the Stat~ for acquisition of their rights,
title and interest and to reform the law relating to land tenure consequent upon such abolition and acquisition. Section 302) defines an
E "intermediary" to mean with reference to any estate a proprietor,
under-proprietor, sub-proprietor, the kadar, permanent lessee in
Avadh and permanent tenure-holder of such estate or part thereof.
Clause 13 defines an "intermediary grove" to mean grove land held
or occupied by an intermediary as such. Section 4 authorises the
State Government to declare by notification that as from the date
to be specified, all estates shall vest in the State and as from the date
F so specified all such estates shall stand transferred to and vest in the
State except as therein provided. Section 6 lays down the consequences of the vesting and provides inter alia that all rights, title and interest of all. the interm~diaries in every estate in such area as 1.Ilay
by nollficatlon be specified shall cease and be vested in the State.
Section 18 deals with settlement of certain lands with intermediaries
G as bhumidhars and provides that subject to certain sections therein
set out all lands in possession of or held or deemed to be held by
an intermediary as sir, khudkasht or an intermediary's grove on
the date immediately preceding the date of vesting shall be deemed
to be settled by the State Government with such intermediary who
shall be entitled to take or retain possession as a bhumidhar hereof.
H Section 23(i) reads as follows: -
"Notwithstanding anything contained in any law,
no transfer, by way of sale or gift of any estate or part
thereofJ.fP(NJ ISCl-16
SUPllElfE COURT REPORTS
(1968) l S.CJI.
(a) made on or after the first day of July, 1948 shall
be recognised for the purpose of assessing the
amount of rehabilitation grant payable to the
intermediary;
(bl Notwithstanding anything contained in any law,
no transfer by way of sak <Jr gift of any estate
or part thereof made after the seventh day of July
1949, shall be recognised for any purpose whatsoever and the estate shall be deemed to continue
to vest in ·the transferor."
Chapter III of the Act deals with compensation payable to the
intermediary and its assessment and sections 73 and 74 in Chapter
IV provide for rehabilitation grant payable to such intermediary.
By. section 6 of the Act XX of 1954 the legislature repealed cl.(h)
of section 23(1). In 1956, the legislature passed another Amendment Act XVIII of 1956 which by section 3 provided that "section 6 of the U.P. Land Reforms (Amendment) Act 1954 deleting
cl. (b) of sub·section I of section 23 shall in the matter of assessment and payment of compensation or rehabilitation grant ·be
deemed to have had the effect from the date of the commencement
of the Principal Act."
·
As aforesaid, Kapurthala Estate sold the property in question
to the appellant before July 1, 1922 when the Act came into opera·
tion. Therefore as the law then stood the sale was a valid transaction and vested in the appellant all the right, title and interest
which the Kapurthala Estate possessed in the said land, subject
of course to such rights, if any, which the respondent had as a
tenant under any tenancy law in -force then. The question is what
was the impact of the Act which was brought into force after the
said sale. Did the Act prohibit any such sale or declare such
sale to be void and of no effect though valid when made before
the Act came into force? Leaving aside for the time being cl.(b)
of section 23(1) there is otherwise nothing in the Act which provides that a transfer validly effected prior to July I, 1952 shall be
void and will have no effect. There is also nothing in the Act touching the consequence of such a transfer under the Transfer of Property Act.
The learned Single Judge of the High Court held that what section 23(l)(b) did was only to preclude recognition of a sale made on
or after July 7, 1949 for any purpose whatsoever. that is, for any of
A
B
D
B
G
the purposes under the Act but did not render such a sale void.
Therefore "for purposes under the Contract Act the transfer was not
invalid and a transfer of property had taken place; but for purposes
B
of the U. P. Zaminadri Abolition and Land Reforms Act, primarily
for assessment of compensation and calculation of rehabilitation
grant, the transfer was not to be recognised but that docs not niean
that the transfer was declared void." The sale, according to him,
KALAWATI V. DISHESHWAR (Shelat. J.\
227
A wa> thus a valid transfer but it could not be recognised by the courts
until the ban in cl.(b) existed. He observed that as the deletion of
clause (b) by Act XX of 1954 was prospective, so far as the courts
were conce~ned it was a case of devolution of property with effect
from October JO, 1954. Consequently, withdrawal in 1959 by Kapurthala Estate from the suit did not affect its maintainability, the apB pellant being on the record as the second plaintiff and the ban against
1ecognition of the sale in her favour having been already removed
be.fore the withdrawal.
The Division Bench of the High Court disagreed with this
view and held that the words "any purpose" in cl.(b) were wide
enough to include all purposes, that therefore the sale could not
be recognised, that even if those words were given a restricted
C meaning as the learned Single Judge did, viz., for any purpose
under the Act it made no ditl'ere•1ce, for, no court could recognise
the transfer for any purpose under the Act. Therefore, on July l,
1952 when the Act came into force the question would arise as to
who became the bhumidhar under the Act, the Kapurthala Estate
or the appellant. Since clause (b) placed a ban against recognition
D of that transfer for any purpose under the Act it was the
Kapurthala Estate which became the bhumidhar as clause (b)
provided that in the case of a transfer made after July 7, 1949 the
estate was to be deemed to contiilue to vest in the transferor. Accordingly it was the Kapurthala Estate which became the bhwnidhar and was entitled to the rights of a bhumidhar and not the
E appellant. This position continued till October 10, 1954 when
clause (b) was deleted. But since the amendment was prospective
it did not serve any useful purpose for it affected transfers made
after and not before the amendment was enacted_- Therefore, the
Kapurthala Estate remained the bhumidhar under section 18 and
as such bhumidhar the Kapurthala Estate alone could sue the
respondent for eviction. According to the Division Bench section
F 3 of Act XVIII of 1956 which retrospectively deleted clause (b)
from the commencement of the Act did not help the appellant, for
the deletion was for a limited purpose, viz .• for assessment and
payment of compensation .and rehabilitation ,grant. It did not
therefore change the position so far as the question as to who
·became the bhumidhar on July 1, 1952 is concerned. Kapurthala
G Estate continued to remain the bhumidhar and its withdrawal from
the suit rendered the suit non-maintainable as the appellant could
not continue the suit"as she was not the bhumidhar. In this view
the Division Bench held that the Kapurthala Estate was the i.;
termediary·on June 30, 1952 and bhumidhar from July 1 1952 and
this position was not affected by the repeal of cl.(b). The Estate
B and not the appellant therefore could claim bhumidhari rights
under section 18 to evict the respondent.
Counsel for the respondent in support of this view argued
that the effect of cl. (b) was that the transfer was void from its
L'P\N)ISCI-17
.
228
~IJPREME COURT REPORTS
[1968] I s.c.!\.
inception and therefore neither the prospective deletion of that A
clause in 1954 nor the retrospective deletion thereof in 1956 conferred the status of bhumidhar on the appellant. That being the
position, he argued that the appellant was not entitled to mamtam
the suit after withdrawal by the Kapurthala Estate therefrom. In
our opinion, it is not possible to accede to these contentions.
There is a clear distinction between a transaction being void
that is, non-existent from its very inception and a ban against its
recognition. Indeed when it is said that such a transaction is not
B
to be recognised for any purpose whatsoever it postulates that the
transaction does exist and is valid but is not to be recognised.
Recognition means, according to Jowitt's Dictionary of English
Law, p. 1486, an acknowledgment. According to the Shorter C
Oxford English Dictionary, (3rd ed.) Vol. II, p. 1673, recognition
means: "The action or fact of perceiving that some thing, person,
etc., is the same as one previously known; the mental process of
identifying what has been known before; the action or fact of
apprehending a thing as having a certain character belonging to
a certain class." There is thus a clear distinction between a transD
action being void and one though valid and existent which is not
to be recognised or acknowledged. The legislature also appears to
be fully aware of the distinction between a void transaction and
one which is not to be recognised. In sections 24 and 166 the
legislature has declared certain transactions therein set out void
and of no effect as against c).(b) of section 23()) where it provides E
only a bar against recognition. That being so it is impossible to
say that the bar of recognition in cl. (b) to a transfer made after
July 7, 1949 means that such a transfer is void. The sale in favour
of the appellant was therefore valid and did have the effect of
conveying and vesting the ownership of the property in the
appellant.
What then is the true effect of cl. (b)? The sale in favour of
the appellant transferred all rights of ownership of the Kapurthala
Estate in the appellant and therefore the appellant became the
zamindar in respect of that property. Section 4 of the Act abolished rights and vested those rights in the State. Under section 18
F
the zamindar who is the intermediary would become the bhumiG
dhar and therefore by reason of the sale in her favour it was the
appellant who became entitled to the bhumidhar's rights. But for
cl.(b) of section 23(1) it would be the appellant who would have
to be recognised as such bhumidhar and it would be she who would
\le entitled to the rights of compensatiojl and rehabilitation grant
n:ider Chapters III and IV as an interrl'l(:diary, the right to retain B
possession of the property and to evict a tenant therefrom. That
is the simple position emerging from sections, 4, 18 and 23 ())(b).
In the earlier part of its judgment the Division Bench expressed its inability to appreciate as to why the legislature went out of
KALA.WAT! V. BISHESHWAll (Shelat, J,)
229
A. its way to enact cl. (b). For it did not matter to the State as to whe·
ther it was the transferor er the transferee who became the bhumi·
d.har. But the legislature had a clear purpose in enacting cl.(b) and
it is because the learned Judges failed to appreciate that purpose
that they allowed themselves to deviate from the true construction
and object of that clause. The legislature was aware that transfers
B of zamindari properties had taken place before the Act came into
force and as a result it would be the transferees thereunder who
would be the intermediaries and therefore bhumidhars under sec·
tion 18 with rights inter alia to compensation and rehabilitation
grant. The purpose of the legislature however was to recognise the
original owners, that is, the transferors as persons entitled to the
rights of bhumidhars and therefore provided in cl.(b) that no such
C transfer is to be recognised "for any purpose whatsoever". Though
therefore such a transfer made the transferee an intermediary and
therefore a bhumidhar under section 18 clause (b) laid down a bar
against its recognition. The words "any purpose whatsoever" were
used in cl.(b) as cl.(a) of s.23(1) provided that a transfer made on
or after July 1, 1948 was not to be recognised for the purpose only
D of assessing rehabilitation grant payable to an intermediary. But
there are purposes under the Act other than payment of rehabilitation grant such as compensation payable under Chapter III and
other rights of a bhumidhar provided in other parts of the Act.
When section 23(1) is read as a whole it is clear that with respect
to transfers made after July 7. 1949 the legislature wanted Jo lay
E down a bar against its recognition for all these purposes also and
hence advisedly used the words "for any purpose whatsoever", that
is, for all purposes under the Act. The Division Bench therefore
was not right in saying that cl. (b) did not serve any useful purpose
and that it did not appreciate why the legislature had enacted that
clause. It is because this was the purpose of enacting clause (b)
F that the legislature also enacted a deeming provision under which
the estate is to be deemed to continue to vest in the transferor. The
impact of cl. (b) on the transfer made after July 7. 1949 is that
though the transferee by reason of such transfer becomes the intermediary and a bhumidhar under section 18, it bars recognition of
his rights as such bhumidhar for any of the purposes of the Act
whatsoever. Instead, as a result of the deeming provision in the
G clause, the transferor continues to have those rights notwithstanding the transfer. If the clause had rendered such a transfer void,
and therefore non-existent, the transferor would have remained
the owner of the property and would have the rights of a bhumidhar under s.18 and there would not have been any necessity of
enacting the deeming provision under which the property though
B transferred is deemed to continue to vest in such transferor.
In this view the sale in favour of the appellant was not void
but a valid sale. It was she who became the intermediary and it was
her rights as such intermediary which section 4 abolished. Ry virtue
230
SOPBIDIE COOllT REPORTS
[1968] l 1.0.L
of the combined effect of sections 4 and 18 she became the bhumiA
dhar. But for clause (b) her rights as such bhumidhar would have
been recognised and she would have been entitled to the rights as
such bhumidhar under the Act. But by reason of the bar against
recognition of the sale no court can recognise and give effect to
those rights. As the property is deemed to continue to vest in the
transferor it is he who can exercise those rights. As a result of the B
deletion of cl.(b) as from October 10, 1954 the bar against recognition is removed and the transferee can enforce his rights as from
that date. The deletion of cl. (b) by Act XX of 1954 was however
prospective. Therefore, for the period between July I, 1952 and
October I 0, 1954 the rights of the transferee under the Act such
as_ the right to compensation and rehabilitation grant, would still
0
not be recognised. To remove this difficulty the legislature by section 3 of the Amendment Act 1956 made the deletion of cl.(b)
retrospective from the date of the commencement of the Act with
regard to the right of the transferee to compensation and rehabilit::.I
talion grant.
The position which emerges from this discussion is that when D
the suit was filed though the appellant was the intermediary and
the bhumidhar under section 18, her right to evict the respondent
could not be recognised. As the estate was deemed to continue to
vest in the transferor, Kapurthala Estate had to join in the suit as
a co-plaintiff. From October 10, 1954 the bar was removed and
the appellant became entitled to maintain the suit in her own right B
and the withdrawal of Kapurthala Estate as plaintiff No. I did not
affect the maintainability of the suit. The contention of Mr. Shukla
that the withdrawal must be deemed to date back to the institution
of the suit has in our view no force. No such order was made by
the Trial Court which ordered the withdrawal. The withdrawal
therefore took place after the bar under clause (b) against recogni- •
lion of the appellant's rights was deleted and the appellant therefore had the right to maintain the suit.
The appeal is allowed; the judgment and decree of the Division Bench of the High Court are set aside, the suit is restored and
the Trial Court is directed to proceed with the suit in accordance
with law. The respondent will pay to the appellant costs throughG
out.
Appeal ·allowed.
Y. P.
•